Strict Scrutiny

The Supreme Court Allows Third-Country Deportations to Continue

October 5, 2026·1h 25m
Episode Description from the Publisher

This Monday officially kicks off a new Supreme Court term, and the cases and controversies are already heating up. Leah, Kate, and Melissa dig into the Court’s decision to allow the administration to resume “third-country removals,” as well as its decision to take up a new case challenging the administration’s policy of indefinitely detaining immigrants who cross the border illegally. Then, it’s time for the first argument previews of the term! Cases this week include one that could have significant implications for holding oil and gas companies accountable for climate change, and a challenge involving the constitutionality of federal laws affecting veterans’ benefits. Finally, Kate and Leah talk with Kelly Lytle Hernández, professor of history at UCLA, about her new book, Racist by Design: Two Centuries of U.S. Immigration Control.Favorite Things:  Leah: The Love Hypothesis | The Public Shaming of John Roberts  Kate: Should I Stay or Should I Go?  Melissa: ‘A Different World’ Renewed for Season 2 | Swan Song by Earl Spencer  Take the Strict Scrutiny survey.New Strict merch available here.You can now listen to Strict Scrutiny for CLE credits in California, New York, Texas, Pennsylvania, Illinois, Virginia, North Carolina, Georgia, Washington, and Oregon! More info at crooked.com/strict_cleGet tickets for STRICT SCRUTINY LIVE on November 6th in Washington, DC: Crookedcon.comBuy Melissa’s book, The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern ReaderBuy Leah’s book, Lawless, now out in paperbackFollow us on Instagram, Threads, and BlueskyFor a transcript of an episode of Strict Scrutiny please email transcripts@crooked.com

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